OLIVEPRINCE PTY LTD v CORUM GROUP LIMITED [2011] NSWSC 309

Supreme Court New South Wales

Medium Neutral Citation: OLIVEPRINCE PTY LTD v CORUM GROUP LIMITED [2011] NSWSC 309 Hearing dates: 30 November and 1 December 2010 Decision date: 25 March 2011 Jurisdiction: Common Law Before: Latham J Decision: Judgment is entered for the plaintiff in the sum of $766,327.44 Catchwords: CONTRACTS - general contractual principles - construction and interpretation of contracts - whether contract was terminated or repudiated - whether plaintiff entitled to adjudication costs - calculation of damages Cases Cited: TCN Channel 9 Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130; Automatic Fire Sprinklers Pty Limited v Watson (1946) 72 CLR 435; Visscher v Guidice [2009] HCA 34, 239 CLR 361 Category: Principal judgment Parties: Oliveprince Pty Ltd - (Plaintiff) Corum Group Limited - (Defendant) Representation: Counsel: R Gration - (Plaintiff) RE Steele - (Defendant) Solicitors: Leon M Ratner & Associates - (Plaintiff) Sullivans Solicitors - (Defendant) File Number(s): 2009/296893

Judgment 1By statement of claim filed on 9 November 2009 the plaintiff, Oliveprince Pty Ltd, seeks damages arising from the termination of a consultancy agreement whereby it was agreed that Mr Michael Rowley (a director and shareholder) of the plaintiff would provide consulting services to the defendant, Corum Group Limited. 2The second claim in the statement of claim in relation to breach of an unsecured convertible note subscription agreement was settled by the parties prior to the hearing of the matter.